VIKAS TEXTILES Vs. CREATIVE HOME FASHIONS PVT LTD

JUDGEMENT

(1.) THIS is a suit for recovery of Rs.22,03,709/-. The defendants were proceeded ex parte by order dated 18.11.2011. The plaintiff has filed affidavit of Mr.Mohinder Jain, by way of evidence. The affidavit by way of evidence has been exhibited as Ex.PW-1/A. The suit has been instituted on the basis of a special power of attorney dated 14.05.2009, which has been exhibited as Ex.PW-1/1. PW-1 has deposed that the plaintiff is a cloth merchant and is engaged in the business of dress materials/cloth. Defendant No.1 is a Private Limited Company within the meaning of Indian Companies Act 1956, having its office at B-44-45, Sector 58, Noida (U.P). Defendant No.2 above named is one of the Directors of the Defendant No. 1 Company and had been placing orders to the plaintiff for supply of cloth. Defendant No.2 along with other Directors of the defendant No.1 company has been taking decisions pertaining to the business issues with plaintiff and he (defendant No.2) is also the authorized signatory of the defendant No.1 Company.

(2.) PW-1 has also deposed that defendant No.1 Company through its Directors approached the plaintiff above named and requested for supply of cloth on credit basis with specific terms of 60 days period. Accordingly the plaintiff started supplying cloth/materials to the defendant No.1 company as per their demands through purchase orders or on telephonic demands, on credit basis upto 26.09.2007. Purchase orders placed by the defendant No.1 through defendant No.2 are exhibited as Ex. PW-1/2 to PW1/21.

(3.) MR.Mohinder Jain, has deposed that the defendant No.1 Company had been acknowledging the goods/cloth supplied by the plaintiff, on delivery challans. Delivery challans duly acknowledged by the defendants showing proof of delivery of goods/cloth are exhibited as Ex. PW-1/61 to PW- 1/103. It is also deposed that the Defendant No.1 has paid the invoice amounts in part through cheques. Plaintiff accepted the part payments also, keeping in view the long business relationships and the current account of the defendant No.1 Company with the plaintiff proprietorship was being maintained till last transaction i.e. upto 22.01.2009 when the last payment was made by the defendant No.1 Company to the plaintiff through cheque, against the total outstanding Balance. However, as per ledger balance, the total outstanding balance of Rs. 15,43,709/- (Rupee Fifteen Lacs Forty Three Thousand Seven Hundred and Nine) is payable by the defendant No.1 Company to the plaintiff. Statement of account showing total invoice amount, amount paid by the defendant and amount recoverable from the Defendants is exhibited as Ex. PW-1/104.